Objective good faith as a densifier of human dignity in business relations

Abstract

The paths by which society develops determine the directions that the legal sciences should follow as north. The dignity of the human person was elevated as the foundation of the Republic and, occupying such a high level, impacted all social relations. It ordered the adjustment of the precepts and institutes of the legal order to this new archetype and crystallized the human person as the central element of the Brazilian legal order. The business relations, originally regulated by the Civil Code, must also conform to the irradiated commandments of the Constitution. In this context, using the hypothetico-deductive method, the present research aims to demonstrate objective good faith as a densifying instrument of human dignity in business relations. In order to reach such scope, it first examines the constitutional principle, especially with the purpose of specifying its essential minimum elements, cataloging them in intrinsic value, equality, freedom and solidarity. The study of the negotiating principle of objective good faith also implies a necessary approach, which is what happens next, analyzing its elementary characteristics and its performance in the negotiating practice through its functions of interpretation, of limitation to the abusive exercise of the subjective rights and creating the duties of conduct of protection, loyalty and clarification. It ultimately demonstrates objective good faith concretizing, through its functions, each one of the elements of the dignity of the human person in business relations.